Judge: Release warrant affidavits in 2011 Princeton death

Thursday

Apr 4, 2013 at 6:00 AM

By Scott J. Croteau TELEGRAM & GAZETTE STAFF

A district court judge has ruled that the search warrant affidavits executed by investigators in the death of Kathleen M. Desilets at her Princeton home in December 2011 will be released May 1, but only if interested parties do not appeal his decision.

He noted that the parties in support of further impoundment of the search warrants — the district attorney’s office and Mrs. Desilets’ husband Dr. Roger P. Desilets — argued release of the documents would cause prejudice of an ongoing investigation.

“This Court finds these arguments to be speculative at best,” the judge wrote. “The Court further notes that it has been in excess of one year since the issuance of said search warrant, and no charges or arrests have been made.”

Judge Noonan said those fighting the release of the documents fell well short of good cause for continued impoundment and the documents should be released.

However, a quick filing in the state Appeals Court would forestall the release. Dr. Desilets’ lawyer, Edward P. Ryan Jr., said in an interview Wednesday that an appeal will be filed.

“We are going to appeal the judge’s order because we believe the materials should not be released at this time,” Mr. Ryan said. The case remains in the district attorney’s office, he added.

Judge Noonan noted that if any potential defendant arises from the investigation surrounding Mrs. Desilets’ Dec. 6, 2011, death at her 20 Worcester Road home in Princeton, tools exist for a judge to ensure a fair trial.

Through a spokesman, the district attorney’s office had no comment on the judge’s order and would not comment on whether that office would appeal.

An open investigation into Mrs. Desilets’ death continues, said Timothy J. Connolly, a spokesman for the district attorney’s office.

Documents and affidavits in support of search warrants obtained by investigators were impounded at the request of Worcester District Attorney Joseph D. Early. The Telegram & Gazette sought the release of those documents, arguing the materials were public and prosecutors had no reason to block access to them.

In earlier proceedings, Assistant District Attorney Lisa Casella argued that the release of the search warrant and supporting documents could compromise the ongoing investigation.

“Critical information would be disclosed as part of the ongoing criminal investigation,” Ms. Casella said. She also argued the release of the search warrants could have an impact on a trial if any defendant was brought forth in the case.

Mrs. Desilets, 65, was found under a shattered, third-floor window outside the family’s home. She was pronounced dead at UMass Memorial Medical Center — University Campus in Worcester.

A death certificate showed she died from “blunt trauma of the torso with laceration of heart and fractures of ribs and spine.” A manner of death could not be determined.

Mr. Ryan argued in Worcester Superior Court last year for the release of his client’s cellphone, which he said was seized by investigators after Mrs. Desilets was found. Mr. Ryan argued the phone was taken without a warrant and without probable cause or consent.